S. Hirsch & Co. v. Green
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Edward L. Scarritt, Judge. (1) The denial to us of the right to have Hess’s answer as to his own honesty or dishonesty, is by concensus of authority reversible error. Muller v. St. Louis, 5 Mo.
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Appeal from the Jackson Circuit Court. — Hon. Edward L. Scarritt, Judge. (1) The denial to us of the right to have Hess’s answer as to his own honesty or dishonesty, is by concensus of authority reversible error. Muller v. St. Louis, 5 Mo. App. 390; State v. Montgomery, 28 Mo. 594; affirmed, 73 Mo. 242; Mathias v. O’Neill, 94 Mo. 520; State v. Miller, 100 Mo. 606; State v. Jones, 106 Mo. 302; State v. Crow, • 107 Mo. 341; State v. Hack, 118 Mo. 92; State v. Taylor, 118 Mo. 159; State v. Pruett, 144 Mo. -92; State v. Laughlin, 50 S. W. Rep. 319. (2) The instructions as a matter of English…
1Opinion of the CourtGill, J.
Plaintiffs sued to recover the balance due on a promissory note executed by Dunnivan and on which defendant Green and one Hayes were sureties. The original amount of the note was $500. Dunnivan made some small payments aggregating $68, leaving a balance of about $490 unpaid in February, 1894. Dunnivan becoming insolvent, plaintiffs sought payment of the sureties, and according to defendant Green’s evidence it was then agreed between plaintiffs and defendant that if the latter would pay one-half of balance due, that is, $245,- plaintiffs would then release and discharge the defendant and would…
2Cases cited6 opinions
- Muller v. St. Louis Hospital Ass'nMissouri Court of Appeals · 1878
- Kraxberger v. RoiterSupreme Court of Missouri · 1886
- State ex rel. Farwell v. LelandSupreme Court of Missouri · 1884
- Ball v. City of IndependenceMissouri Court of Appeals · 1890
- Dunn v. AltmanMissouri Court of Appeals · 1892
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